I am about to be instructed on an intestate Estate.
Gentleman dies without leaving a Will; survived by spouse and two children, both of whom are minors.
One child is from second marriage and the older child (currently 17) is from first marriage.
Can the widow appoint a second Trustee of her choice as Administrator given she has parental responsibility of the younger chiild or alternatively, must the former spouse be joined in the application for the Grant, as the person having parental responsibility of the first-born minority interest despite there being conflict?
Or, are any further alternatives available (ie, a lower ranking of priority under intestacy rules for applying for Grant to be joined in such as a sibling of the whole blood of the deceased?)
Some wealthy men who are married to women who are not the mothers of their children leave a will with the condition that they leave part of the fortune to the widow, provided that she takes care of the children herself.
Thank you for your comment but this is not the case in this situation. There is no Will and the spouse of the deceased was the mother to one of his children.
Under the rules of intestacy the person most entitled (and willing to act) can apply for letters of administration - that would be the widow. She would apply in her own right but as administrator needs to distribute the estate in accordance with the rules (I assume that the estate is over £270K and so the children are entitled to some benefit), which is held under a statutory trust until they reach majority. As administrator, she can appoint someone to act with her and that doesn’t need to be the parent of the first-born. Due to the conflict issue she might want to appoint a professional trustee?